IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 07th DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S. DIXIT WRIT PETITION NOS.20725-20785 OF 2018 (EDN RES) BETWEEN:
1. BANGALORE CITY COLLEGE OF PHARMACY NO.905/100, CHELIKERE MAIN ROAD BANASAWADI OUTER RING ROAD KALYAN NAGAR POST, CHELIKERE BANGALORE 560043 REPRESENTED BY ITS PRINCIPAL MR BHAGWAN SINGH 2. VIKAS RAWAT S/O KASHINATH RAWAT AGED ABOUT: 20 YEARS.
3. VISHWAKARMA RAVI RAJU S/O RAJU VISHWAKARMA AGED ABOUT: 21 YEARS.
4. YADAV SHYAM SUNDER S/O SUBEDAR YADAV AGED ABOUT: 18 YEARS.
5. YADAV PRASHANT MAYASHANKAR S/O MAYASHANKIAR YADAV AGED ABOUT: 21 YEARS.
6. MOHAMMAD SALEEM S/O NIJAMMUDIN AGED ABOUT: 22 YEARS.
7. YADAV PRATOK MAYASHANKAR S/O MAYASHANKAR YADAV AGED ABOUT: 22 YEARS.
8. SOORAJ KUMAR YADAV S/O HARI SHANKAR YADAV AGED ABOUT: 21 YEARS.
9. NAVIK MANOJ SAHABLAL S/O SAHABLAL NAVIK AGED ABOUT: 19 YEARS.
10. KRISHAN KUMAR YADAV S/O RAJPAT PAL AGED ABOUT: 18 YEARS.
11. NIRAJ PREMCHAND GUPTA S/O PREMCHAND GUPTA AGED ABOUT: 20 YEARS.
12. SWAMI NATH CHAUDHRI S/O RAM PRAKASH CHAUDHARY AGED ABOUT: 20 YEARS.
13. PANDEY ASHUTOSH RAMJEET S/O RAM JEETPANDEY AGED ABOUT: 20 YEARS.
14. AMIT KUMAR PAL S/O MANGRU PAL AGED ABOUT: 20 YEARS.
15. ROHIT YADAV S/O LALLAN YADAV AGED ABOUT: 20 YEARS.
16. CHETHAN SANTOSH SALUNKHE S/O SANTHOSH SITARAM SALUNKH AGED ABOUT: 19 YEARS.
17. GAUTAM AJAYKUMAR RANJEET S/O RANJEET KANTAPRASAD GAL AGED ABOUT: 19 YEARS.
18. DHEERAJ KUMAR YADAV S/O MAHENDRA PRASAD YADAV AGED ABOUT: 19 YEARS.
19. ROHIT YADAV S/O RAVINDRA NATH YADAV AGED ABOUT: 20 YEARS.
20. RAMRAJ VIJAY PRAKASH SINGH S/O VIJAY PRAKASH SINGH AGED ABOUT: 20 YEARS.
21. SHASHIPRAKASH KRISHNABIHARI S/O KRIHSNA BIHAR AGED ABOUT: 19 YEARS.
22. YADAV NILESH SABHAHPATHI S/O SEETA AGED ABOUT: 21 YEARS.
23. YADAV VIKAS JAYPRAKASH S/O JAYPRAKASH RAMRAJ YADAV AGED ABOUT: 19 YEARS.
24. GUPTA SAKSHI SANTOSH S/O GUPTA SANTOSH MOTILAL AGED ABOUT: 18 YEARS.
25. SINGH SUNILKUMAR S/O BHAGWAN PRASAD AGED ABOUT: 19 YEARS.
26. MISHRA NIRAJ GYANESHWAR S/O GYANESHWAR R MISHRA AGED ABOUT: 20 YEARS.
27. AJAY RAJENDREA PRASAD SONI S/O RAJENDRA PRASAD AGED ABOUT: 19 YEARS.
28. GAIKWAD PAYAL JAYARM S/O JAYARAM GULAM GAIKWAD AGED ABOUT: 19 YEARS.
29. PAL PRITI SHOBHANATH S/O SHOBHANATH AGED ABOUT: 18 YEARS.
30. SATEESH KUMAR PAL S/O SAHADEV PAL AGED ABOUT: 19 YEARS.
31. SACHINKUMAR S/O VISHMABARDAYAS G VALMIK AGED ABOUT: 18 YEARS.
32. SARAK NIKITA DNYANDEO D/O ASHA AGED ABOUT: 20 YEARS.
33. RAJESH SITARAM S/O SITARAM B YADAV AGED ABOUT: 39 YEARS.
34. YADAV ANJUKUMAR ASHOK KUMAR S/O PIYAREEDEVI AGED ABOUT: 19 YEARS.
35. PAL POOJA SHIVKUMAR D/O SARASWATI AGED ABOUT: 39 YEARS.
36. PAL POIORNIMADEVI SHYAM D/O SHIVAKUMARI AGED ABOUT: 19 YEARS.
37. ASHOK KUMAR PAL S/O SHYAM PYARI PAL AGED ABOUT: 26 YEARS.
38. TALASHILKAR AATISH SURYAKANT S/O SWATI AGED ABOUT: 19 YEARS.
39. CHAUHAN KOMAL LALCHAND S/O SHARMADEVI AGED ABOUT: 18 YEARS.
40. VARMA RAHUL OMPRAKASH S/O VMLA, AGED ABOUT: 19 YEARS.
41. K M SONAM D/O KHADERU RAM AGED ABOUT: 28 YEARS.
42. SURENDRA KUMAR TRIPATHI S/O SHESH MANI TRIPATHI AGED ABOUT: 19 YEARS.
43. TRIPATHI ROHINI ARAVIND D/O ARAVIND, AGED ABOUT: 19 YEARS.
44. OZA HIMANI NARENDRA D/O GOVINDRAJU AGED ABOUT: 20 YEARS.
45. AJAY YADAV S/O CHANDRA PAL YADAV AGED ABOUT: 22 YEARS.
46. RAKESH YADAV S/O SHOBHNATH YADAV AGED ABOUT: 19 YEARS.
47. BHAGIRATH CHOUDHARY S/O CHUNA RAM CHOUDHARY AGED ABOUT: 21 YEARS.
48. BHATIA SAURABH SHAMBUNATH S/O SAURABH SHAMBUNATH BHA AGED ABOUT: 20 YEARS.
49. PAPPU KUMAR S/O JOTIK RAY AGED ABOUT: 21 YEARS.
50. MEGHANATHA B G S/O GOVINDRAJU B N AGED ABOUT: 21 YEARS.
51. SHIVA KUMAR JADADALI S/O DEVENRAPPA AGED ABOUT: 28 YEARS.
52. MAHESHA N S/O NARAYANAPPA AGED ABOUT: 20 YEARS.
53. PRANEETH P S/O PRABHAKAR T K AGED ABOUT: 23 YEARS.
54. IRAQI SAMEER S/O SAMEER AGED ABOUT: 20 YEARS.
55. KUSHA KUMAR S S/O SOMANATH R AGED ABOUT: 33 YEARS.
56. AKSHATA D/O SHIVANANDA AGED ABOUT: 19 YEARS.
57. GIRIJA RANI D/O REDDAPPA S M AGED ABOUT: 24 YEARS.
58. MEHER BABITA SHARAD D/O HIMATA RAM AGED ABOUT: 20 YEARS.
59. SUMA L D/O LAKSHMAIAH AGED ABOUT: 21 YEARS.
60. SHAIKH SHADMAAN MOHD FURKAN S/O MOHD FURKAN AGED ABOUT: 19 YEARS.
61. MAIGOOR SURESH NINGAPPA S/O NINGAPPA, AGED ABOUT: 21 YEARS.
PETITIONERS 2 TO 61 ARE STUDYING 1ST YEAR D PHARM COURSE, IN THE PETITIONERS COLLEGE NO.905/100, CHELIKERE MAIN ROAD, BANASAWADI OUTER RING ROAD, KALYAN NAGAR POST, CHELIKERE, BENGALURU-560043. ... PETITIONERS (BY SRI. SHIVARUDRA, ADVOCATE) AND:
1. THE GOVT.OF KARNATAKA HELATH AND FAMILY WELFARE DEPARTMENT VIKAS SOUDHA , VIDHANA VIDHI BENGALURU-1, REP BY ITS SECRETARY.
2. THE BOARD OF EXAMINIG AUTHORITY DRUGS CONTROL DEPARTMENT P. KALINGA RAO ROAD SUBBAIAH CIRCLE, BENGALURU-27 3. THE PHARMACY COUNCIL OF INDIA COMBINED COUNCIL BUILDING KOTLA ROAD, TEMPLE LANE NEW DELHI-110002 REP BY ITS SECRETARY. ... RESPONDENTS (BY SMT. PRAMODINI KISSAN, AGA FOR R1 & R2 SRI. S.S.HAVERI, ADVOCATE FOR R3) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.3 TO ACCORD PERMISSION AFTER INSPECTION OF THE FIRST PETITIONER COLLEGE AND DIRECT THE R-2 TO PERMIT THE PETITIONER STUDENT FOR THE EXAMINATION SCHEDULED TO COMMENCE FROM SECOND WEEK OF MAY 2018.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER In these writ petitions, the College of Pharmacy and its students, seek a direction to the respondent No.3-Pharmacy Council of India to accord permission after inspection to the petitioner No.1-College, for the academic year 2017-18.
2. After service of notice, Sri S.S. Haveri, learned Senior Panel Counsel having appeared for the respondent Pharmacy Council of India, submits that request of the petitioner - College has already been rejected vide Endorsement dated 01.05.2017 at Annexure-5 to the counter affidavit and therefore, the question of consideration of a fresh does not arise.
3. However, learned counsel for the petitioners submit that such rejection does not come in the way of said respondent considering the fresh representation after conducting inspection if any in accordance with law. He also submits that the fact matrix of these cases is akin to the one in the cognate writ petition No.19547/2018 wherein, some relief has been granted to the petitioner No.1-Institution vide judgment dated 03.01.2019 and therefore, these petitioners are also to be granted the same relief on the principle of parity. There is force in this submission.
4. In the light of what is stated above, these writ petitions also stand disposed of reserving liberty to the petitioner No.1-Institution/College to make a comprehensive representation supported by necessary documents forthwith and after such representation is made, the same shall be considered by respondent No.3-Pharmacy Council of India in accordance with law and expeditiously after giving an opportunity of hearing to the petitioner – institution.
Sd/- JUDGE